Your use of Smoft Erp products, the product website, www.Smoft.tn, and all other applications, software, services, websites, among other related services provided by us, www.Smoft.tn, (collectively referred to as “Services”), is subject to the following clauses and all other applicable conditions of the Services at any time, (collectively the “Clauses”).
“We”, “SMOFT” means Smoft Erp, Av Khalifa El Karoui, 6th floor, 4000 Sousse, Tunisia.
“Subscriber” means a customer of Smoft Erp.
“User” means any user of the Services, including, without limitation, subscribers, subscribers' customers, Smoft Erp forum members, and persons posting comments on the Smoft Erp blog.
These clauses and all documents referred to in the Clauses constitute the contract that legally binds us, relating to the Services and your use of the Services. To use the Services, you must first accept the Clauses. If you do not accept the Clauses, you will not be able to access the Services.
Smoft Erp will provide the Services only to subscribers who are entrepreneurs. If you are a consumer subject to applicable consumer protection legislation, you cannot subscribe. By using the Services, Subscribers represent and warrant that they are not consumers. Some Services are made available to Users other than Subscribers, but these Users are not customers of Smoft Erp and therefore Smoft Erp has no responsibility towards these Users. For any questions about the clauses, please send us an email to
In general, you can use some of the Services without providing us with information. However, some of the Services require you to provide information about yourself. Some of the information we collect will be “Personal Data”. This means data about you that identifies you. We may use information about you for the following purposes: register you for the Services; administer the Services and allow you to use them; to evaluate and analyze your market, customers, products, and services; to enable us to monitor, review, and improve the products and services we offer; for our internal records; and for marketing purposes.
We collect information about you by various methods, including when you provide it through the Services and when you call us or email us, or correspond with us by other means than through the Services. We will only retain information about you for as long as necessary or as required by contract or by law.
We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
You can change your device in the context of what concerns your direct and indigent marketing information so that you do not receive more information, in the event of a call from the courier or your actual user profile. You can do this at a moment's notice. In this case, we do not retire from your données in the contracting personnel of our base/s of données, but we also note the modification of your préférences dès that this will be possible. Make sure to control the donation. You can contact the details of Smoft Erp at point 17 April.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Smoft Erp and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Vous êtes responsable de toute l’activité sur votre compte Smoft Erp et de tous les frais liés à votre compte Smoft Erp.
Prices and all other charges for using the Services are described on the Services website. They may be modified from time to time. In the event of a change, we will provide you with at least 30 days’ notice. If they are modified, your continued use of the Services after the modification takes effect will indicate your acceptance of the new rates and fees applied. Changes in rates and other charges will not be applicable to the billing period in which they occur.
All Services acquired are non-transferable and non-refundable. You will not be reimbursed for Services that you do not use at the end of your use of the Services, effective immediately during a billing period already paid for.
All information, data, logos, trademarks, designs, graphics, photos, sound files, among other files and their selection and arrangement in the Services are called “Content”. Content provided by users, whether subscribers, customers of subscribers or any other user, is called “User Content”.
Other than User Content, the Services, all content and software available through the Services or used to create and operate the Services, are owned by Smoft Erp or its licensors and are protected by copyright laws. Tunisian and international, and all rights to the Services, this content and this software are expressly reserved. All trademarks, registered trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners. Your User Content is your responsibility. We assume no responsibility for it or for any loss or damage that your User Content may cause to others.
The Services may contain chat rooms, bulletin boards, analytics services or other forums in which you or third parties may submit User Content.
User Content posted on any public area of the Services will be considered non-confidential.
You expressly agree not to send, transfer, transmit, distribute, store, create or otherwise publish, through the Services, any illegal or offensive material, any promotions or advertising, any private information of a third party, viruses or any other harmful material, among other data that could be considered inappropriate.
Although we are not required to do so, we have absolute discretion to remove, monitor or edit without notice any User Content posted or archived on the Services and may do so at any time and for any reason. whatever. You are solely responsible for maintaining copies and replacing all User Content that you submit or maintain on the Services.
By posting or distributing User Content to or through the Services, you (a) grant to Smoft Erp a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, sublicense, distribute, publish, modify, adapt, translate and create derivative versions of such User Content so that and for the purposes for which the Services from time to time use such User Content 'user ; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or that you have any other legal right to post and distribute such User Content user to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and does not violate any rights or cause injury to any person or company.
If you send to Smoft Erp or post on the Services, in a public area, any information, ideas, inventions, concepts, techniques or know-how (“User Submitted Information”) ”), for any purpose, including developing, manufacturing and/or marketing products or services incorporating such information, you acknowledge that Smoft Erp may use user-submitted information without notice or compensation to you and you waive any ownership claim or compensation, or any other rights you may have with respect to any User Submitted Information.
We actively review user-submitted information for new ideas.
If you wish to protect what might interest you in the information transmitted by you, you should not send it to the Services or to us.
Smoft Erp grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services, view, copy and print portions of the Content made available to you through the Services.
This permission is subject to these Terms and specifically conditioned on the following: (i) you may view, copy and print only those portions of the Content intended for your own use; (ii) you may not modify or make other derivative versions of the Services or the Content, or reproduce, distribute or display the Services or any Content (except for page caching), except as expressly permitted by these Terms; (iii) you may not remove or alter any copyright, trademark or other proprietary notices contained in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content for any purpose other than their intended purpose.
Smoft Erp does not store credit card information unless the subscriber enters the credit card data into the automatic billing option of the Smoft Erp recurring profiles module.
Smoft Erp strives to ensure the security of all credit cards and other confidential information, but it cannot assume any responsibility for the reliability of hosting services, Internet intermediaries, your Internet service provider, among other service providers. When using Smoft Erp, you acknowledge that Smoft Erp is not responsible for the security of your credit card information (except in the case of gross negligence or willful misconduct on the part of Smoft Erp).
The Services may contain links to third party websites (“Third Party Sites”) and third party content (“Third Party Content”) as a service to parties interested in such information.
You use third-party site links and any third-party content or services provided through these links at your own risk. If you leave our website, our terms and policies no longer apply. You should review the applicable terms and policies, including data entry and privacy practices, of any third-party site and should make whatever investigation you feel necessary or appropriate before engaging in any transaction with a third party.
Smoft Erp may serve third-party advertisements and promotions on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.
Smoft Erp assumes no responsibility for any loss or damage that may occur during these operations or due to the presence of third-party advertisers on the Services.
The Services and Content are provided to you “as is,” without warranty of any kind from Smoft Erp, either express or implied. Smoft Erp expressly disclaims all other warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be (i) compatible with any or all computer systems and software that you may use; (ii) available at any particular time or at any given time, uninterrupted, secure, or error-free; or (iii) suitable for your requirements or any specific level of performance or functionality. We reserve the right to withdraw or modify the Services at any time.
Smoft Erp uses reasonable efforts to ensure that your access to and use of the Services is safe, but Smoft Erp does not represent or warrant that the Services or any Content are free of viruses or other harmful components.
We are only liable to you for direct losses that you may suffer as a result of our breach of these Terms. Our liability to you will not include any indirect or consequential loss or damage or any business loss that you may suffer, including, but not limited to, loss of data, loss of profits or business interruption. In any event, our liability to you for any breach of these Terms, negligence or other fault will not exceed the amount of the fees paid by you to us during the relevant billing period (which may not exceed twelve months).
Subscribers may submit calculations (e.g., tax form, for reporting or reimbursement purposes, for our accounting) using the Services. The result of such calculations will depend on the information entered by the subscriber and the functions and formulas used to perform the calculations in the relevant Services. Subscribers are solely responsible for providing correct and complete information for performing such calculations. Smoft Erp and assumes no liability for the accuracy and completeness of any calculations, tax forms or reimbursements reproduced in the Services, regardless of whether their inaccuracy is attributable to the information entered by a subscriber or to any of the functions or formulas used in the calculations. The subscriber must verify that all calculations are correct.
By using the Services, you agree to indemnify and hold harmless Smoft Erp and other Smoft Erp companies and corporations from and against any and all reasonable costs, damages, demands, liabilities and expenses incurred as a result of your breach of these Terms and/or any other terms applicable to the Services.
We may send you communications either by email or through the Services, including by posting communications on the Website.
Erp reserves the right to modify the Terms from time to time, by updating the Terms on its website or by notifying you by email or otherwise. You are requested to check these Terms periodically for notifications of revisions.
If we make any changes to the Terms that may affect you, we will provide you with reasonable notice prior to the change becoming effective. Your continued use of the Services will constitute acceptance of all amended or updated Terms.
These Terms and your use of the Services will be governed by Tunisian law, without regard to its conflict of laws provisions. The High Court of Tunis will have exclusive jurisdiction to adjudicate any dispute, claim or other matter arising out of or relating to these Terms or your use of the Services.
If you choose to access the Services from countries other than Tunisia, you will be responsible for complying with all local laws of that other jurisdiction and you agree to release Smoft Erp from any liability arising from your failure to comply with such laws.
If your account is inactive for at least 12 months, you may deactivate it. Deactivated accounts are not deleted – they are retained and can be reactivated. If we decide to deactivate your account, we will notify you by email. If after your account has been deactivated, it remains inactive for [12] months, we may terminate it without further notice. You may terminate your use of the Services and your relationship as a customer of Smoft Erp at any time. If you terminate your use of the Services, you will be required to pay the applicable fees to liquidate the current billing period. Smoft Erp will not provide any refund if you terminate your use of the Services, even if you terminate your use of the Services with immediate effect during a billing period that has already been paid. Notwithstanding any provision of these Terms, Smoft Erp reserves the right, without notice and in its sole discretion, without notice or liability to you, to (a) terminate your right to use the Services, or any portion thereof; (b) block or prevent your future access to the Services and your use of all or any portion of the Services or Content; (c) modify, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
If these clauses expire or terminate for any reason, points 5, 8, 10, 11, 14, 15 and 16, and any representation or warranty made in these Clauses will remain valid indefinitely.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions. Smoft Erp may assign any or all of its rights under this Agreement to any party without your consent.
You may not assign any or all of your rights or obligations under this Agreement without the prior written consent of Smoft Erp, and any such assignment will be void and unenforceable.
These Terms constitute the entire agreement between you and Smoft Erp with respect to your use of the Services and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Smoft Erp with respect to your use of the Services.
If you have any questions regarding these Terms or your use of the Services, please contact us at: